A/HRC/45/CRP.11 Arrest and Detention in April 2019 436. At around 2 a.m. on 26 April 2019, SEBIN officers950 arrested Mr. Caro at Los Pilones restaurant in “Las Mercedes” areas of Caracas. The arresting officers did not take his parliamentary status and immunity into account.951 437. Three days earlier, on 23 April 2019, the Sixth Military Court of Control had revoked the precautionary measures granted on 2 June 2018 and ordered Mr. Caro’s arrest and detention,952 as he had allegedly failed to present himself before the tribunal, as required. 438. Mr. Caro’s lawyer went to SEBIN El Helicoide on 26, 27 and 29 April 2019 to request information about him, to no avail. The lawyer presented a habeas corpus request to the Sixth Military Court of Control on 2 May 2019.953 On 26 May 2019, one month after his arrest, authorities had still not disclosed Mr. Caro’s whereabouts. 954 According to Mr. Caro’s lawyer, it was not until 27 May 2019 that authorities confirmed Mr. Caro’s presence in SEBIN El Helicoide.955 On 17 June 2019, Mr. Caro was released, reportedly through the mediation of the Boston Group.956 Arrest and Detention in December 2019 439. On 20 December 2019, at approximately 5.15 p.m., Gilber Caro was arrested and detained together with his assistant, Victor Ugas, near plaza Madariaga, in El Paraíso, Caracas, during a joint operation conducted by FAES, PNB, SEBIN and GNB officers. 957 Both Mr. Caro and Mr. Ugas reported having been followed by SEBIN officers days prior to the arrest.958 440. The case was assigned to Judge Hilda Rosa Villanueva Beralda of the Second Court of Control on terrorism-related crimes. The prosecutor assigned to the case was Farik Karin Mora Salcedo. A public defender was assigned to Mr. Caro during an initial court appearance hearing on 22 December 2019, even though his private lawyer was present and wished to represent him.959 During this hearing, Judge Villanueva ordered Mr. Caro’s continued detention while awaiting trial on the charges of conspiracy against republican political form under article 132 of the Criminal Code.960 441. Between 20 December 2019 and 10 January 2020, Mr. Caro’s lawyer visited SEBIN headquarters on a number of occasions to discover his whereabouts, but officers denied 950 951 952 953 954 955 956 957 958 959 960 108 According to the information received, these officers reportedly deserted shortly after the arrest. Mission Interview with Mr. Caro’s lawyer on 19 May 2020. Ibid. Criminal Procedure Code, art. 248. Interview with Mr. Caro’s lawyer on 19 May 2020. See also, Inter-American Commission on Human Rights, Resolution 26/2019, 15 May 2019, available at: http://www.oas.org/es/cidh/decisiones/pdf/2019/26-19MC426-19-VE.pdf YouTube Video, CNN en Español, Esto dijo Tarek William Saab sobre el paradero de Gilber Caro, 22 May 2019, available at: https://www.youtube.com/watch?v=Og61NMEPtM0 Interview with Mr. Caro’s lawyer on 19 May 2020. See YouTube Video, VPItv, La abogada Theresly Malave ofreció detalles sobre la detención de Gilber Caro, 31 May 2019, available at: https://www.youtube.com/watch?v=lx2oySq9zaw The Boston Group is a U.S.-Venezuela inter-parliamentary forum. See América Digital, Liberado el diputado Gilber Caro, 18 June 2019, available at: https://www.americadigital.com/informate/liberadoel-diputado-gilber-caro-22023; The National, Venezuela frees opposition politician before UN rights chief visit, 18 June 2019, available at: https://www.thenational.ae/world/the-americas/venezuelafrees-opposition-politician-before-un-rights-chief-visit-1.875734; See also, VOA Noticias, Venezuela: Liberan al diputado opositor Gilber Caro, 17 June 2019, available at: https://www.voanoticias.com/venezuela/venezuela-liberan-al-diputado-opositor-gilbert-caro Mr. Ugas was also detained in 2014. See below, Case: Detentions of private citizens for statements on social media perceived as critical of the Government. Mission interview with Victor Ugas on 29 July 2020. Interview with Mr. Caro’s lawyer on 19 May 2020. See also, Diario las Américas, Audiencia de presentación del diputado Caro estuvo plagada de irregularidades, 22 December 2019, available at: https://www.diariolasamericas.com/america-latina/audiencia-presentacion-del-diputado-caro-estuvoplagada-irregularidades-n4189792 Criminal Procedure Code, art. 132.

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